01Facts
The petitioners challenged the evaluation of UPTET-2026 after the final answer key accepted two options as correct for Question Nos. 36 and 37 of the Master Set.
¶ 10–14, 26The Commission awarded marks only to candidates who had selected either accepted option; the petitioners had not selected one of those options, and each scored below the applicable qualifying threshold.
¶ 10–14, 26Although the petition originally sought consequential marks, petitioners’ counsel confined the case to whether the questions should be excluded from evaluation or equal marks awarded to all candidates.
¶ 3The petitioners relied, in particular, on the Allahabad High Court’s earlier decision in Smt. Shimla Singh v. State of U.P.; the Commission opposed relief, including on the grounds that the petitioners had not objected to the provisional key and that the earlier decision was inconsistent with other authority.
¶ 15–18, 27–2902Issues
i.Whether questions for which the examining authority accepts two correct options, despite requiring candidates to select one answer, should be excluded from evaluation rather than awarding marks only to candidates who selected either accepted option.
¶ 38–48ii.Whether the relief concerning those questions should extend uniformly to all similarly situated candidates, including candidates who did not select either accepted option.
¶ 43–5003Law Applied
The Court applied the principles governing judicial review of answer keys in Ran Vijay Singh v. State of U.P., including the presumption of correctness of the key and the availability of exclusion as a remedy for an offending question.
¶ 20–21, 40, 47It relied on Uttar Pradesh Subordinate Service Selection Commission v. Ashok Yadav, which recognizes that a question admitting two correct answers when only one is to be selected may be excluded from evaluation.
¶ 20Under Rishal v. Rajasthan Public Service Commission, where questions are deleted, the paper is treated as comprising the remaining questions and the result is revised consistently for candidates affected by the defective key.
¶ 22The Court also applied Smt. Shimla Singh v. State of U.P., which treated UPTET as a qualifying rather than inter-se competitive examination and directed uniform treatment of candidates where questions had multiple correct answers.
¶ 16–17, 41It further relied on Rajesh Kumar v. State of Bihar for the writ court’s power to mould relief to address a defective evaluation process.
¶ 34The examination was conducted under the NCTE TET guidelines, which prescribe a qualifying standard while permitting concessions under applicable policies.
¶ 604Reasoning
The Commission’s own final key established that each disputed question had two accepted answers, so the issue was not a judicial reassessment of academic correctness but the fairness of the evaluation method.
¶ 38–40The Court held that awarding marks only to candidates who selected one of the accepted options improperly made the result depend on a choice in a question that lacked a single correct answer.
¶ 41–48Excluding both questions would instead treat candidates uniformly, consistent with Ashok Yadav, Ran Vijay Singh, and Smt. Shimla Singh.
¶ 41–48The Commission’s exclusion of Question No. 38 in the same examination further supported applying the same approach to Questions 36 and 37.
¶ 47The Court directed that the paper be treated as comprising 148 questions, with the qualifying standard computed at the prescribed percentage.
¶ 4805Holding
The Court held that Question Nos. 36 and 37 of the Master Set should be excluded from evaluation and that the resulting benefit must be extended uniformly to similarly situated candidates, not only to those who selected one of the accepted options.
¶ 47–50It directed the respondents to recompute the petitioners’ scores and correct their results and scorecards as necessary.
¶ 50The order clarified that correction of the UPTET result did not itself confer any right to appointment or selection in a subsequent recruitment process.
¶ 51The writ petition was disposed of accordingly.
¶ 52Original Court PDF
Vijay Sonkar And 3 OthersvsState Of Uttar Pradesh And 2 Others
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